What to do if we have a new home that is only 6 months old and is showing signs of serious foundation issues?

What recourse do we have to resolve this? And is there a way to get out from under the house without losing tens if not a hundred thousand due to this issue?

Asked on January 27, 2013 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Speak with an attorney who handles construction defects cases. If the foundation problems are due to construction defects  (e.g. poor design; poor construction; and/or sub-standard materials), you may have a claim against the builder. You would most likely not have grounds to get out from under the mortgage, unfortunately (if you  have one), since the builder's liability or fault does not affect the validity of your obligations to the bank or  lender.

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